Where can I make a legal claim if I’ve been sexually harassed at work?
This material is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. This is not legal advice.
What is sexual harassment?
According to the Sex Discrimination Act 1984 (Cth), sexual harassment is unwelcome sexual behaviour where the victim feels offended, intimidated or humiliated, and it is reasonable in the circumstances for them to feel that way. Sexual harassment is against the law.
Sexual harassment can include:
- Verbal comments or jokes which are of a sexual nature or suggestive
- Physical contact such as kissing, touching, patting, hugging, pinching or groping
- Displaying or sharing sexual, nude or erotic pictures or video (either in person or via email, social media, text messages)
- Staring, ogling or leering
- Intrusive questions about someone’s personal life or body
- Unwelcome requests to go out on dates, have sex or develop a relationship
- Unwelcome gifts and declarations of love
If you are experiencing sexual harassment in the workplace, you may be able to make a legal claim.
Time limits to make legal claims can vary from 21 days to 2 years. It is important to get legal advice as soon as possible.
#1: Be safe and get support
- Speak to and get support from your family, friends or a health professional
- For severe incidents, you may need to go to a hospital or report it to the police
- Once you’re able, organise your thoughts by journaling and putting together a timeline of events with as many details as you remember
#2: Know your legal rights
- It is unlawful to sexually harass someone at work
- You have a right to a safe workplace that is free from sexual harassment
- You have a right to make a complaint in relation to your employment
- If you feel comfortable, consider making an internal report or complaint to your supervisor, team leader, HR or People & Culture or management
- If you are dismissed after making a sexual harassment complaint, you only have 21 days to challenge the dismissal
- Get legal advice from your union or the Working Women’s Centre SA
Potential legal pathways after getting legal advice
Workers Compensation
- If workplace sexual harassment leads to psychiatric injury and you are unable to work
- Return to Work SA claim to cover income and medical expenses
SafeWork SA
- Request SafeWork SA to investigate psychosocial health and safety in a workplace
- Cannot claim compensation or seek individual outcomes this way
Australian Human Rights Commission (AHRC)
- If the conduct happened in the last 24 months (i.e. 2 years)
- Relevant law is Sex Discrimination Act 1984 (Cth)
- Timeframe for conciliation – 6 to 12 months
Another option through the AHRC is to report concerns that your employer is not complying with their positive duty to prevent sexual harassment.
Fair Work Commission (FWC)
- If the conduct happened in the last 24 months (i.e. 2 years)
- Relevant law is Fair Work Act 2009 (Cth)
- Timeframe for conciliation – 2 to 6 weeks
Equal Opportunity SA (EOSA)
- If the conduct happened in the last 12 months (i.e. 1 year)
- Relevant law is Equal Opportunity Act 1984 (SA)
- Timeframe for conciliation – 2 to 6 months
